As of 2 October 2026
This English version is a convenience translation. The German version at erpdock.eu/agb is the legally binding one; in case of any discrepancy, the German version prevails.
These General Terms and Conditions (GTC) apply to all hosting services provided by open mind consulting gmbh under the brand "erpdock" (hereinafter erpdock) to entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code). They are addressed exclusively to entrepreneurs; the conclusion of contracts with consumers is not intended. For provider details see the legal notice (German).
These GTC apply to all business dealings with the customer, including future contracts. Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless erpdock expressly agrees to their application in text form. Individual agreements take precedence over these GTC.
erpdock operates one or more Odoo instances for the customer in a dedicated system environment with an exclusively assigned performance class (computing power, storage) in data centres in Vienna, Austria. The specific scope of services follows from the chosen plan (see Pricing) and the service description at the time the contract is concluded.
The subject matter is the ongoing provision of IT services (operation, monitoring, data backup and updating of the system environment as well as its availability as a service); erpdock owes a service result, not the grant of use of a specific object. The selection, configuration and replacement of the physical and virtual infrastructure used remain reserved to erpdock; a lease or tenancy agreement (Bestandvertrag) or any other grant of use within the meaning of § 33 TP 5 GebG (Austrian Fees Act) is neither intended nor established.
Not part of this contract are the procurement of the Odoo Enterprise licence, Odoo application consulting, the development or customisation of modules, and functional user support. Such services can be commissioned separately. For Odoo Community (LGPL), erpdock provides the operation; for Odoo Enterprise, the customer brings their own valid subscription and is responsible for its licence terms.
The presentation of the plans is a non-binding offer. The contract is concluded upon the order confirmation by erpdock or upon provisioning of the instance. erpdock provisions the instance after the contract has been concluded and the first payment has been received or the direct debit mandate has been granted; the term under section 6 begins with the provisioning. Statements on the availability of individual features become binding only upon provisioning.
The customer is responsible for the content of their instances, the data they import and the access credentials they assign. The customer keeps access data confidential, names a reachable contact person and cooperates in necessary maintenance and security measures. The customer, as controller, is responsible for the lawful processing of personal data in their instances; the data processing agreement (DPA) (German) applies in addition.
All prices are net, plus statutory value added tax. For cross-border services to entrepreneurs within the EU, the tax liability passes to the recipient of the service under the rules of the recipient's state (reverse charge); in this case the customer provides a valid VAT identification number (UID-Nummer).
Unless otherwise agreed, the fee for the respective billing period is invoiced in advance and is due upon invoicing without deduction. In the event of late payment, erpdock is entitled to charge default interest at the statutory rate (in business transactions 9.2 percentage points above the base interest rate, § 456 UGB) as well as a flat-rate sum for collection costs of 40 euros (§ 458 UGB). Further collection costs remain reserved. In the event of significant late payment, erpdock may suspend access to the instance after prior notice.
With a monthly payment schedule, erpdock collects the fee by SEPA Core Direct Debit; the customer grants a SEPA direct debit mandate for this purpose. With an annual payment schedule, the customer chooses between SEPA direct debit and bank transfer. erpdock announces the amount and the collection date with the invoice, at least two days before collection. Costs of a returned direct debit for which the customer is responsible are borne by the customer.
During a current contract term, the fee remains unchanged. erpdock announces price changes in text form with the renewal notice under section 6; they apply from the start of the next term. If the customer does not agree, the customer can prevent the renewal by giving notice of cancellation in due time.
The contract has a term of 12 months. The term begins with the provisioning of the instance, regardless of whether and to what extent the customer uses it. The customer chooses the payment schedule: annually in advance or in twelve monthly instalments with a 20 percent surcharge. The payment schedule does not change the term.
The contract renews for a further 12 months each time unless it is cancelled with one month's notice to the end of the term. erpdock informs the customer and a partner assigned to the contract, if any, in text form and no later than two weeks before the last cancellation date, of the upcoming renewal and states the end of the term, the last cancellation date and the fee for the next term. Cancellations require text form (email suffices).
Ordinary termination (termination for convenience) with effect before the end of the term is excluded. With a monthly payment schedule, the customer owes all twelve instalments of the current term. Additional services (add-ons) that the customer books during the term end and renew together with the contract. A change to a higher plan is possible at any time; the fee is adjusted pro rata from the change for the remaining term, and the term does not start anew as a result. A change to a lower plan takes effect at the start of the next term.
30-day money-back: Within 30 days from the start of the first contract term, the customer may end the contract in text form without stating reasons; erpdock refunds the fee already paid for this contract. After that, an exit before the end of the term is not possible.
The right to extraordinary termination for good cause remains unaffected for both parties; good cause exists for erpdock in particular in the event of significant late payment or a serious breach of section 9.
erpdock provides the service with the care customary in the industry. The committed availability, the response times and any credits (SLA credits) follow from the plan-dependent service level agreement (SLA), which is agreed separately. erpdock announces planned maintenance in advance and schedules it in low-traffic periods where possible. The following do not count as downtime: announced maintenance windows, force majeure, and faults that lie outside the sphere of control of erpdock or were caused by the customer. Where an SLA provides for credits, these are the primary remedy if availability falls short.
erpdock warrants that the hosting service is provided in accordance with the contract. Defects must be reported in a comprehensible manner once identified; erpdock remedies them within a reasonable period by rectification. As this is an ongoing service, improvement (fault elimination) takes priority. Towards entrepreneurs, the warranty period is shortened to one year from performance of the service (permissible under § 933 Abs. 4 ABGB, Austrian Civil Code). The provisions of the Konsumentenschutzgesetz (Austrian Consumer Protection Act) remain unaffected insofar as they are mandatorily applicable.
The customer does not use the service unlawfully. Prohibited in particular are the sending of spam, the storing or distribution of unlawful content, the mining of cryptocurrencies, the operation of malware, and attacks on third-party systems. The resource limits are determined by the chosen plan. Where there is reasonable suspicion of a significant breach, erpdock may restrict or suspend the affected services after notice; in the event of imminent danger (Gefahr im Verzug) also immediately, with notification of the customer without undue delay.
erpdock is liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health. For slight negligence, erpdock is liable only in the event of a breach of material contractual obligations. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
In the event of slight negligence, the liability of erpdock - including liability for vicarious agents (Erfüllungsgehilfen, § 1313a ABGB) - is limited in amount per damage event to the higher of the following two amounts: the net fee paid by the customer in the last twelve months before the damaging event, or the coverage sum of the liability insurance to be maintained by erpdock (at least 1,000,000 euros per damage event). erpdock maintains such insurance during the contract term; the subsidiary limitation to the annual fee does not apply insofar as the insurer's failure to pay is due to a circumstance for which erpdock is responsible (in particular default in premium payment, breach of an insurance obligation (Obliegenheitsverletzung) or late notification of the claim).
Compensation for consequential damage, lost profit and indirect damage is excluded in the event of slight negligence. For the loss of data, erpdock is liable only to the extent that the data can be restored from the last proper backup, provided that the loss is not due to intent or gross negligence. These limitations do not apply insofar as claims under the Produkthaftungsgesetz (Austrian Product Liability Act), under Art. 82 GDPR or under other mandatory law go further; fines under Art. 83 GDPR for which erpdock is responsible remain excluded from the limitation in amount.
For the processing of personal data in the customer instances, the customer is the controller and erpdock the processor. The data processing agreement (DPA) under Art. 28 GDPR (German) applies. Processing in connection with the website and the initiation of business is described in the privacy policy (German).
The data imported by the customer remains the customer's property at all times. erpdock acquires no rights to it beyond the use required to provide the service. The rights to the erpdock platform (control system, agent, portal, automation) remain with erpdock; the customer obtains no rights to it. The customer is responsible for the licence terms of Odoo (Community or Enterprise).
The customer can export their data in a common format at any time during the term and until the end of the contract. After the end of the contract, the instance and backups are deleted under the rules of the DPA (German), unless a statutory retention obligation prevents this. For migrations from and to other providers see Migration.
Both parties treat confidential information of the other party as confidential and use it only for the performance of the contract. This obligation continues beyond the end of the contract.
erpdock may amend these GTC in non-material points (in particular form, designations, notices, editorial clarifications) and where there is a valid reason (change in the law, technical development, changed service), with effect for the future. Such amendments are communicated to the customer in text form at least 30 days before they take effect; if the customer does not object by the time they take effect, they are deemed accepted, which is pointed out in the communication.
Amendments to material provisions (in particular fee, liability, data protection, term) take effect only with the express consent of the customer. If consent is not given, the contract continues unchanged until the end of the current term; either party may cancel it to the end of the term under section 6. Price adjustments at the start of a new contract term are governed by section 5.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. The place of jurisdiction for all disputes arising from or in connection with this contract is - to the extent permitted by law - agreed to be the court in Vienna having subject-matter jurisdiction (§ 104 JN, Austrian Jurisdiction Act). Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a provision that comes closest to its economic purpose. Amendments and ancillary agreements require text form. Questions about these GTC: sales@erpdock.eu or via the contact page.